Baboon Pirates

Scribbles and Scrawls from an unrepentant swashbuckling primate.

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Location: Texas, United States

Tuesday, April 13, 2010

I'd Look Damn Good Wearing Anne Klein!

Oh Noes! Teh Ghey Is A-Comin!

Mayor Parker signed a humdinger of an Executive Order last month. It's an update of the old anti-harassment policy based on a person's sexual orientation. It's not an entirely unexpected move from the Mayor. After all, a big part of politics is paying back your base, or, as we say down South, dancin' with them what brung ya.

The City has had such a policy for years, minus the gender identity addition. It doesn't grant you any state or Federal protections, but if you were gay, and people gave you grief at work about it, you at least had an outlet within the City for relief.

This new policy? I dunno... I foresee some serious issues in implementation, and sooner or later some jagoff is going to test this in a newsworthy manner.

Let me post the relevant additions, and I'll let the Legal beagles speak their piece in the comments. I'm betting y'all will spot the same pitfalls that I did.
Prohibition of Discrimination Based On Sexual Orientation and/or Gender Identity

2.1 Purpose:
The purpose of this Executive Order is to prohibit discrimination or retaliation on the basis of sexual orientation and/or gender identity at every level of municipal government, including hiring, contracting and/or access to City facilities and programs/activities.

Definitions:

4.1 Sexual Orientation - The actual or perceived status of a person with respect to his or her sexuality

4.2 Gender Identity - An individual's innate identification as either male or female, although it may not correspond to the individual's body or gender as assigned at birth

4.3 Gender Expression - A person's expression of gender through appearance, dress, mannerisms, speech patterns and other social interactions

Compliance:

9.2 It shall be a violation of this Executive Order for an employee to fail or refuse to recommend any contract or purchase for award based upon any contractor's or vendor's sexual orientation and/or gender identity; or to fail to make available to any member of the public or employee use of a city facility or receipt of a city service, if that person otherwise would be entitled to such use or receipt, based upon that person's sexual orientation and/or gender identity; or to impede access by any employee or member of the public to a city restroom facility that is consistent with and appropriate to that person's expression of gender identity; or to limit, based upon an individual's sexual orientation and/or gender identity, participation by by any city employee or member of the public in any city-sponsored activity in which the individual would otherwise be permitted to participate.

9.3 Adherence to this Executive Order is mandatory. Violation of this Executive Order will subject a city employee to disciplinary action, up to and including indefinite suspension/termination.